Town of Canandaigua, NY
Ontario County
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Table of Contents
Table of Contents
The Planning Board of the Town of Canandaigua is hereby authorized to grant subdivision approval pursuant to New York State Town Law §§ 276, 277 and 278, and Chapters 115, 165 and 220 of the Canandaigua Town Code, as amended from time to time.
A. 
The provisions contained herein shall apply to all land within the corporate limits of the Town of Canandaigua. All divisions of land within the Town of Canandaigua shall be designed and submitted for approval in compliance with the standards and procedures set forth herein.
B. 
All plans for division of land within the Town of Canandaigua shall receive approval in compliance with these regulations before being recorded in the office of the Ontario County Clerk.
These regulations are adopted to create and provide for conditions favorable to the public health, safety and general welfare and guide future growth by:
A. 
Use of sound planning principles as set forth in the Town of Canandaigua Comprehensive Plan.
B. 
Ensuring that the proposed development is approved only when the following facilities are proven to be of sufficient capacity to accommodate the development:
(1) 
Transportation.
(2) 
Sewage treatment.
(3) 
Individual on-site wastewater treatment.
(4) 
Storm drainage.
(5) 
Fire protection.
(6) 
Erosion.
(7) 
Schools.
(8) 
Recreation facilities.
(9) 
Flooding.
(10) 
Public water.
C. 
Establish standards and procedures for subdivision of land and ensure proper legal descriptions and monuments of subdivided land.
D. 
Minimizing potential conflicts among the uses of neighboring lands and buildings while protecting and conserving the value of land and existing businesses.
E. 
Preserving the natural beauty and topography of lands within the Town of Canandaigua by fostering appropriate development which shows special regard for the protection of environmentally sensitive areas and existing landforms, as well as agricultural land and agricultural practices.
F. 
Allowing alternate subdivision designs which vary bulk dimensional requirements of Chapter 220 of the Canandaigua Town Code to meet the above-stated objectives.
A. 
Other local regulations. These regulations shall not, nor are they intended to, nullify any more restrictive local regulations, laws or ordinances in effect in the Town of Canandaigua.
B. 
Design and construction of site improvements shall be in accordance with the standards and specifications described in the Town of Canandaigua Development Criteria,[1] which are incorporated herein by reference.
[1]
Editor's Note: The Development Criteria are on file in the Town offices.
C. 
Conflict with public and private provisions.
(1) 
Public provisions. These regulations are not intended to interfere with, abrogate or annul any other ordinance, rule, regulation, statute or other provision of law. Where any provision of these regulations imposes restrictions different from those imposed by any other provision of any local ordinance, regulation or law, that provision which is more restrictive or imposes the higher standard shall control.
(2) 
Unless specified herein, procedural and other requirements described in New York State Town Law §§ 265-a, 276, 277, 278, 279 and elsewhere in New York State law shall apply to all proposed subdivisions.
(3) 
Private provisions. These regulations are not intended to annul or void any easement, covenant or other private agreement or restriction. Enforcement of any such provisions, whether or not discussed in the subdivision review process, shall not be the responsibility of the Town of Canandaigua.
D. 
Pending actions. These regulations shall not be construed as abating any action now pending under prior existing subdivision regulations or as discontinuing, abating, modifying or altering any penalty accruing or about to accrue, or as affecting the liability of any person, association or corporation, or as waiving any right of the Town of Canandaigua under any section or provision existing at the time of adoption of these regulations, or as vacating or annulling any rights obtained by any person, association or corporation, by lawful action of the municipality except as shall be expressly provided for herein.
A. 
General enforcement.
(1) 
A lot hereafter created by subdivision of a larger tract of land within the Town of Canandaigua shall not be transferred or sold and no permits for developing such lots shall be issued unless a plat which shows such lot and which bears the final approval of the Town has been duly filed in the office of the Ontario County Clerk.
(2) 
The subdivision of any parcel of land, by the use of a metes-and-bounds description for the purpose of sale, transfer or lease, with the intent of evading these regulations shall not be permitted.
B. 
Unless as specified herein, interpretation and enforcement of this chapter shall be the duty of the Zoning Officer.
C. 
Violations. Any person, association or corporation failing to comply with or violating any of these regulations shall be guilty of an offense and subject to the penalties of that offense or offenses as set forth in Town Law § 268 and § 334 of the New York State Real Property Law, as amended.
D. 
Civil enforcement. Appropriate actions and proceedings may be taken at law or in equity proceedings to prevent or cease any violation of these regulations, to prevent unlawful conveyance or construction, to recover damages, to restrain, correct or abate a violation or to prevent illegal occupancy of a building structure or premises. These remedies shall be in addition to the penalties described above.
Words used in these regulations are defined in Chapter 1, Article II, of the Canandaigua Town Code.